Temporary Restraining Order Sample With Motion In Wake

Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

How long an injunction lasts is really up to the judge. An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force.

The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.

An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.

A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.

Detail what the respondent did, for example: hit, strangled, slapped, punched, kicked, broke or disconnected the phone, and any other abuse/behavior that occurred. If you include threats, state what the abuser said as close to word for word as you can.

A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.

Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)

A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.

More info

This Affidavit MUST be filled out and notarized with the Order to Show Cause with TRO submitted in Room 315. This form can serve as a template when a lawyer is filing a motion for a temporary restraining order in federal court.This form can serve as a template when a lawyer is drafting a proposed temporary restraining order. Complete paperwork as stated below - In the order stated. This form can be used to get a relief from judgment. How do I fill this out? Learn how to file restraining orders for domestic violence, including steps for temporary and final orders, child custody, and resources for victims. North Carolina for a Temporary Restraining Order under N.C. Gen. 2.6 Emergency Matters Arising Prior to Judicial Assignment. All requests for emergency orders or temporary restraining orders (TRO) that require a 10-day return.

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Temporary Restraining Order Sample With Motion In Wake